No smoking regulation

REGULATION ON THE SMOKING BAN IN THE PREMISES OF eCampus
ONLINE UNIVERSITY

Art. 1 - Objectives and regulatory references

1. This Regulation is enacted with the aim of regulating the smoking ban in the premises
of eCampus Online University in consideration of the primary objective of the protection of the health of
personnel, students and all users of the University.
2. In order to further raise the level of prevention with regard to safety and environmental
wellbeing, eCampus Online University - taking into account the risk deriving from exposure to
passive smoking - adopts the appropriate measures for the prevention and protection of the health of employees and
users, in general.
3. In order to guarantee the best possible awareness of the risks to personal health and the health of others, the university adopts
appropriate measures for the sensitisation of personnel regarding the consequences
of exposure to active and passive smoking.

Art. 2 - Areas where smoking is banned

1. In the identification of the areas where smoking is banned, the university distinguishes between two forms of ban:
a) ban for the protection of health: this is imposed in areas that are open to the public, for protection from
the damage caused by passive smoking, in accordance with It. Law 584/75 and It. Legislative Decree 626/94;
b) ban for safety reasons: this is imposed on safety grounds, as per the results of the
risk assessment pursuant to It. Legislative Decree 626/94 and in accordance with the “Regulation for the improvement of
occupational health and safety of eCampus Online University”.
2. In compliance with the ban of paragraph 1, letter a), it is absolutely forbidden to smoke
in the following areas:
a. lobbies and entrances, classrooms, corridors, student administration offices, libraries, lecture halls open to the public, meeting
rooms, waiting rooms, rooms used as a bar and/or canteen, elevators, bathrooms;
b. offices open to the public or those that are accessible to employees and users, in general, without
formalities and without the need for special permits during office hours;
c. offices or premises where users stay, albeit briefly, for the use of a
service provided therein.
3. In compliance with the ban of paragraph 1, letter b), it is absolutely forbidden to
smoke in the following areas intended for:
a) the use or storage of flammable materials and/or substances;
b) the use or storage of explosive materials and/or substances;
c) the use or storage of combustible and/or oxidising materials and/or substances;
d) the use or storage of radioactive materials and/or substances;
e) research and teaching laboratories;
f) archives;
g) book depositories;
h) depositories of materials, in general.

4. To further improve the level of prevention on the subject of environmental wellbeing and to
eliminate the risks from passive smoking, the smoking ban in the areas of paragraph 2 also applies
outside of the office hours set in accordance with the modalities foreseen by the relevant University
Protocol.
5. The ban applies to employees, users and to anyone who, in any capacity, visits the premises of
eCampus Online University. The provisions of the law and of this Regulation on the matter
must also be observed by providers of services to the University and by the persons who
use, in any capacity, the buildings used or owned by the University.

Art. 3 - Persons in charge of controlling the implementation of the ban
1. The persons tasked with controlling the implementation of the ban of this Regulation,
identified among those who bear the title of “manager” pursuant to the Regulation for the
improvement of occupational health and safety at the University, must
ensure that the ban is complied with in the operative areas for which they are responsible:
The Managing Director
the Administrative Director
the Faculty Chairs
2. To ensure that the smoking ban on health grounds is complied with, the persons of the previous
paragraph identify, from among the members of the teaching staff and/or the technical and administrative personnel employed
at the respective structures, one or more persons who will be tasked with challenging and
recording violations.

Art. 4 - Tasks of the Structure Managers with regard to the implementation of the smoking ban
1. The Managers of the operational Structures of article 3 are tasked with:
a) formally identifying, within the Structure for which they are responsible, the areas listed in
article 2, paragraph 2 where smoking is banned on health grounds;
b) formally identifying one of more persons tasked with ensuring that the smoking
is complied with and with ascertaining violations, in such a number as to guarantee the efficiency of compliance with the
ban itself. Until said persons have been appointed, or in case of their absence or non-compliance, the role will be performed by the
Structure Manager;
c) informing the Administration of the
names of the persons of letter b) and the areas of their competence, so that they may be formally appointed by resolution of the Managing Director;
d) ensuring that the areas of letter a) are clearly marked with appropriate
signs mentioning the smoking ban, the related reference rule, the sanctions
that apply, the name of the persons tasked with supervision, ascertainment and
challenging the violation;
e) formally reporting to the Rector with regard to the fulfilment of the obligations of this
article.

Art. 5 - Duties of the persons tasked with supervision and ascertainment

1. The persons tasked with supervising and ascertaining compliance with the smoking ban have the
following tasks:
a) ensure that the smoking ban is complied with in all areas of article 2, paragraph 2;
b) in case of violation of the ban, draft an ascertainment report on
the form provided by the Management of the university, in accordance with the modalities of article 8 below.
2. In the presence of particular difficulties in the implementation of the smoking ban, the persons tasked with
supervision may request, also directly, the collaboration of the Commodities and Health Unit of the
Carabinieri.

Art. 6 - Duties of the Management of the University

1. The Management of the University must:
a) prepare the form for “report of challenge of the administrative violation of the smoking ban”;
b) prepare and distribute to the persons tasked with supervision and ascertainment the block of
the forms of letter a;
c) prepare signs mentioning the smoking ban, the reference rules, the
sanctions applicable and the names of the persons tasked with supervision and ascertainment;
d) prepare an information guide regarding the challenge of the violation and the
completion of the report of challenge of the administrative violation of the smoking ban;
e) provide training to the persons tasked with supervision and ascertainment of compliance with the smoking
ban and with challenging violations regarding the performance of their duties and the
legal consequences related to the fulfilment of the task;
f) organise the collection of reports of ascertainment and the control of the payment of sanctions;
g) send the report, in accordance with the modalities foreseen by the law, to the territorially competent Prefect and
submit an annual summary of the reports on findings.
i) organise and promote activities for the prevention of smoking.

Art. 7 - Sanctions

1. In the areas where smoking is banned for the protection of health pursuant to article 2, paragraph 2, non-compliance
with the ban is punished with an administrative fine.
2. Other than the provisions of the previous paragraph, in areas where smoking is banned on
safety grounds pursuant to article 2, paragraph 3, the violation of the ban is punished, by the authorities tasked with
supervision with an administrative fine.
3. All individual users or employees who observe a violation of the provisions of the previous
paragraphs must report it to the officer in charge or to the manager or, in case of
their absence or non-compliance, directly to the Rector.
4. Without prejudice to the fines, non-compliance with the provisions of this
Regulation may result in disciplinary proceedings as violation of the
service orders, in particular those issued by Management in connection with the applicable
rules and regulations on occupational health and safety, and as unlawful conduct which may
cause damage to or risk for Management, users or third parties.

Art. 8 - Ascertainment procedure

1. In case of violation of the ban, the persons of article 5, having identified the
violator by checking his/her ID document and challenged the violation, ascertain
the violation and draft a report.
2. The persons who are tasked with supervision must keep, in every operational structure, a
register in which they record, in consecutive numbering, the reports of ascertainment of administrative
violation. The report bears the number that corresponds to the entry in the register.
3. The persons of paragraph 1 make sure to deliver a copy of the report to the violator and send
another copy to the Executive Management of the University.
4. University staff may not collect the administrative fine directly.

Art. 9 - Final provision

1. All matters not covered by this Regulation are governed by the applicable
rules and regulations.

Novedrate, 7 January 2009